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Decision Text

NAVY | BCNR | CY2003 | 04591-03
Original file (04591-03.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

2  N A V Y A N N E X  

BOARD  FOR  CORRECTION O F   NAVAL  RECORDS 
JRE 
Docket No.  04591-03 
20 October 2003 

WASHINGTON  D C   20370-5100 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of title 10 of the 
United States Code, section 1552. 

A three-member panel of the Board for Correction of Naval 
Records, sitting in executive session, considered your 
application on 16 October 2003.  Your allegations of error and 
injustice were reviewed in accordance with administrative 
regulations and procedures applicable to the proceedings of this 
Board.  Documentary material considered by the Board consisted 
of your application, together with all material submitted in 
support thereof, your naval record and applicable statutes, 
regulations and policies. 

. F ? .  

Tllr.  I3ja rl.1  rej ectcrl  your contention that the 

After careful and conscientious consideration of the entire 
record, the Board found that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injust i 8 
reason for your separation and your reentry code should be 
corrected because you \never had a respiratory problem other 
than the one time and never got a second opinion."  The Board 
found that you were discharged from the Marine Corps because of 
asthma, a condition, not a disability, interfering with your 
performance of duty, and you were assigned a reentry code of RE- 
3P.  The discharge was based on your disclosure of a pre-service 
history of asthma, which persisted after you entered on active 
duty, and interfered with your performance of duty for an 
extended period of time.  The diagnosis of asthma was 
substantiated by physical examination, observation of symptoms, 
spirornetry testing, and positive results on a methacholine 
challenge test.  The fact that a private physician found you to 

be symptom free more than five years after you were discharged 
from the Marine Corps was considered insufficient to demonstrate 
that your discharge was erroneous, particularly since you did 
provide an accurate report of your longstanding history of 
pulmonary complaints to the physician. 

In view of the foregoing, your application has been denied.  The 
names and votes of the members of the panel will be furnished 
upon request. 

It is regretted that the circumstances of your case are such 
that favorable action cannot be taken.  You are entitled to have 
the Board reconsider its decision upon submission of new and 
material evidence or other matter not previously considered by 
the Board.  In this regard, it is important to keep in mind that 
a presumption of regularity attaches to all official records. 
Consequently, when applying for a correction of an official 
naval record, the burden is on the applicant to demonstrate the 
existence of probable material error or injustice. 

Sincerely, 



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